DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,889

SOMMER PRODUCTS COMPANY
BARTONVILLE, ILLINOIS

Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance as an
adversely affected secondary group.
An investigation was conducted in order to determine
whether the petitioning group of workers qualify as adversely
affected secondary workers as suppliers of component parts to a
firm or subdivision primarily affected by increased imports or a
shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section
222(b) must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a
certification of eligibility to apply for trade
adjustment assistance benefits and such supply or
production is related to the article that was the
basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision)
described in paragraph (2) accounted for at least 20
percent of the production or sales of the workers'
firm; or

(B) a loss of business by the workers' firm with the
firm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.

The investigation was initiated on May 28, 2003 in response
to a petition filed by on behalf of workers of Sommer Products
Company, Bartonville, Illinois. The workers produce resistance
welding machines and band saw welders.
The investigation revealed that criterion (2) has not been
met.
Petitioners allege that job losses were due to their firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed, however, that was not the case.
The subject firm did not supply a component to a primary
firm whose workers have been certified as trade impacted.
Further, the U.S. Department of Labor surveyed major
customers of the subject firm regarding their purchases of
resistance welding machines and band saw welders during 2001,
2002 and January through June 2002-2003. The results revealed
no imports.
Conclusion
After careful review, I determine that all workers covered
by this petition of Sommer Products Company, Bartonville,
Illinois do not qualify as adversely affected secondary workers
and are denied eligibility to apply for adjustment assistance
under section 223(b) of the Trade Act of 1974.
Signed at Washington, D.C., this 17th day of July 2003.

/s/ Richard Church
__
Richard Church
Certifying Officer, Division of
Trade Adjustment Assistance